Waiver to Use of COS Contracts

Download QMS Version

flow chart
 

Purpose:  This process describes how the total USACE team (GD, COS, MSC, HQ) resolves requests to deviate from the established acquisition process. This applies, but is not limited to the following situations: (1) Waiver to use of pre-placed COS contracts; and (2) Where COS contracts are not yet in place, to address the acquisition process for that facility type. The intent of this process is to resolve contract acquisition issues at the lowest level possible.

References:  

  • OPORD 2008-21 (FY09 Military Programs Execution)
  • EFARS Part 7
  • FRAGO 03 to OPORD 2008-21

Process:

  1. Once the GD identifies a critical need to use a non-COS contract vehicle to award a standard facility, the GD PDT (to include Contracting) will discuss this need with the COS (COS Program Manager and COS Contracting). The discussion will include the GD’s proposed strategy and the reasons for the waiver request. If, after the discussion, the GD PM still intends to pursue a waiver, the GD PM will request a COS Position Statement from the COS Program Manager

  2. The COS through its Configuration Control Board (COS PM, Technical, and Contracting POCs) will review the request from the GD. The COS will then provide the requested information to the GD using the COS Position Statement template (via email attachment).

  3. The GD develops the final waiver request using the MT Waiver Request template, to include the completed COS Position Statement(s) (in the case of multiple COS involvement) and submits the entire waiver request package to the GD MSC (Military Integration Division Chief). The GD PM notifies the GD Contracting Office and requests a copy of the waiver package be provided to the appropriate regional PARC(s) for information and elevating any concerns while Step 4 below is proceeding.

  4. The GD MSC, including representatives from Contracting, E&C, and Military Programs, will determine their position on the GD waiver request. If the GD MSC non-concurs on the validity of the waiver request, then the GD MSC Military Integration Division Chief (MID Chief) will notify the GD and the waiver request is considered closed. However, if the GD MSC MID Chief concurs with the request, the GD MSC will attempt to get concurrence from the COS MSC. The COS MSC team will include representatives from Contracting, E&C, and Military Programs. If there is non-concurrence between one or more of the MSCs, then the GD MSC MID Chief will forward the waiver request to HQUSACE (RIT) for appropriate disposition.

  5. The RIT will provide the complete waiver request package to the MT Program Manager in CEMP-IS. The MT Program Manager will convene a meeting of the MT Steering Committee to consider the waiver request and provide a recommendation to the decision authority (Chief, Program Integration Division). The RIT will represent the GD/MSC and present the waiver request to the MT Steering Committee.  The MT Steering Committee will meet at the call of the chairman and can review/discuss a request virtually (if necessary). A decision will be provided within two weeks of receipt of the complete waiver request.  The MT Steering Committee is comprised of the following personnel:

    • MT Program Manager (chairman)
    • E&C, Chief, Military Programs MCA
    • National Account Manager
    • Directorate of Contracting representative
    • GD RIT member

  6. The Chief, Programs Integration Division is the decision authority. The GD RIT will inform the full PDT of the decision.

  7. If HQUSACE approves the waiver request, and if the GD’s strategy is to acquire the facility with other facilities (in one solicitation/RFP) then the GD Contracting Chief shall submit additional documents for GD Regional PARC approval, e.g. Consolidation Memo, DD Form 2579 (Small Business Coordination document). The GD must receive regional PARC approval before proceeding with project execution. It is envisioned that coordination of such actions has already been coordinated and discussed with the Regional PARC(s) so that the PARC approval process can move forward timely. If the GD intends to solicit the facility type using the same acquisition strategy within the approved acquisition plan, a copy of the DD 2579 shall be submitted to the respective PARC(s), i.e., the PARC for the COS district and the PARC for the GD District. In the situation where COS contracts are not in place, once the GD has coordinated with the COS for release of the project, the GD Contracting Office must coordinate with the respective PARCs on the items outlined within this paragraph 7 before proceeding.
Process Owner:  HQUSACE MT Program Manager (Howard Moy/202-761-8736)
flow chart

 

Waiver to Use of COS Contracts
Resp Matrix
Who? Request Review Coord. Concur Approve
Geographic District DPM/Commander      
COS COS Pgm Mgr      
USACE MSC (GD and/or COS) Commander      
HQ USACE - RIT Mil Deputy        
USACE MT Steering Comm      
HQ USACE - PID Chief        
(Waiver)
Regional PARC PARC        
(Consolidation
Memo-if
required)